Medicare Blog

how long can my spouse stay on cobra in the state of texas after the i go on medicare

by Prof. Rozella Prohaska Published 2 years ago Updated 1 year ago

After you leave employment, you and/or your covered dependents may be eligible to continue health insurance coverage under COBRA for up to 18 months.

How long can I keep my spouse on Cobra and Medicare?

But if your spouse became eligible for Medicare and then left his or her employment (and thus lost access to employer-sponsored coverage) within 18 months of becoming eligible for Medicare, you can continue your spousal coverage with COBRA for up to 36 months from the date your spouse became eligible for COBRA.

How long do COBRA benefits last?

How Long Do COBRA Benefits Last? Employees, and their spouses and dependents, can continue their group health insurance coverage for 18 to 36 months after a qualifying event. Please answer a few questions to help us match you with attorneys in your area.

Can I continue Cobra coverage after I turn 26 years old?

If I have COBRA coverage as a dependent child, can I continue coverage after I turn 26 years old? Yes. After your first 36 months of COBRA continuation coverage as a surviving dependent, you may extend your health, dental and/or vision coverage as a "Former COBRA Unmarried Child" (FCUC).

What happens to my Cobra when my spouse dies?

COBRA Basics. In addition, spouses and dependents can continue coverage after the employee dies, the employee and spouse divorce or legally separate, the employee becomes eligible for Medicare, or the dependent loses dependent status under the plan.

How long can my spouse stay on COBRA If I go on Medicare?

36 monthsYour spouse and dependents may keep COBRA for up to 36 months, regardless of whether you enroll in Medicare during that time. You may be able to keep COBRA coverage for services that Medicare does not cover.

How does Cobra insurance work for spouse?

Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation).

How long can you be on Cobra insurance in Texas?

18 monthsIn most cases, COBRA provides for continuation of health plan coverage for up to 18 months following the work separation. COBRA rights accrue once a "qualifying event" occurs - basically, a qualifying event is any change in the employment relationship that results in loss of health plan benefits.

How long can retirees stay on COBRA?

18 MonthsRetirees may use COBRA Insurance For 18 Months Retirement is a qualifying event. When a qualified beneficiary retires from their job, the retired worker is entitled for up to 18 months health insurance continuation, which is the maximum amount of time an employee can keep COBRA continuation.

Can I add my wife to COBRA?

In general, spouses and dependents may enroll in COBRA in three circumstances: If they are enrolled in the employer's plan and would otherwise lose coverage due to a COBRA-qualifying event (employee is terminated, they get divorced, etc.);

Can I add my spouse to my COBRA?

For example, if I am single when I start COBRA but then get married, can I add my new spouse? Yes, if a qualifying life event occurs, you can add or drop dependents. You must notify the Plan within 60 days from the date of the event (e.g., birth, marriage, divorce, death, adoption, etc.).

When can COBRA be extended to 36 months?

The maximum coverage period may be extended to 36 months if a second qualifying event or multiple qualifying events occur within the initial 18 months of COBRA coverage from the first qualifying event. The coverage period runs from the start of the original 18-month coverage period.

Can COBRA Be Extended?

Consumers may also extend COBRA continuation coverage longer than the initial 18-month period with a second qualifying event —e.g., divorce or death— up to an additional 18 months, for a total of 36 months.

What is Cobra Insurance Texas?

What is COBRA? COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985. It allows you and/or your dependents to continue the health and optional insurance coverage (dental and vision) you have through the Texas Employees Group Benefits Program (GBP) for a specified period after you leave employment.

Can I stay on COBRA after age 65?

You may be on COBRA after your employment ends, but once you are eligible for Medicare, you should enroll in Medicare A & B. This enrollment in Medicare would usually mean that you drop the COBRA coverage that you had.

Can my wife get COBRA when I retire?

5 So for example, if your spouse became eligible for Medicare five months before retiring, you'd be able to keep your spousal coverage via COBRA for another 31 months after your spouse retires, since that would be 36 months from when your spouse became eligible for Medicare.

How does COBRA and Medicare work together?

If your Medicare benefits (Part A or Part B) become effective on or before the day you elect COBRA coverage, you can continue COBRA coverage as well as having Medicare. This is true even if your Part A benefits begin before you elect COBRA but you don't sign up for Part B until later.

How long can you keep Cobra insurance?

The initial 18-month period of COBRA coverage may be extended up to 36 months for your dependents in the event of death, divorce or the loss of status as a dependent child during their initial COBRA eligibility period. For these situations, COBRA coverage cannot be continued beyond 36 months.

How to determine if you are covered by Cobra?

When determining your monthly premium for continuation coverage under COBRA, note the following: 1 If only one dependent child is continuing coverage, the child is the COBRA applicant. Pay the “You Only” rate. 2 If multiple children are continuing coverage, the youngest child is the COBRA applicant. Pay the “You & Child (ren)” rate. 3 If only a dependent spouse is continuing coverage, the spouse is the COBRA applicant. Pay the “You (COBRA Applicant) Only” rate. 4 If the spouse and child (ren) are continuing coverage, the spouse is the COBRA applicant. Pay the “You & Child (ren)” rate. 5 If only a surviving spouse or ex-spouse is continuing coverage, the spouse is the COBRA applicant. Pay the “You Only” rate. 6 If a surviving spouse and children or ex-spouse and children are continuing coverage, the spouse is the COBRA applicant. Pay the “You & Children” rate.

How to contact ERS for Cobra?

For more information, contact ERS toll-free at (877) 275-4377 , TTY: 711.

What is COBRA coverage?

Your COBRA continuation coverage is limited to the medical, dental and/or vision benefits you had when you left employment. If you choose COBRA coverage, you will pay the full premium plus an additional 2% administrative fee directly to ERS.

How long can you add dependents to your QLE?

You can add eligible dependents gained through a qualifying life event (QLE), such as a birth or adoption, during your annual benefits enrollment period or within 31 days of the QLE.

Can you continue Medicare if you are already enrolled in Cobra?

If you are already enrolled in Medicare when you become eligible for COBRA, you can continue coverage under COBRA for the maximum allowed period. Medicare is your primary insurance, and COBRA is secondary. You should keep Medicare because it is responsible for paying most of your health care costs.

Do you have to enroll in Medicare before you can get Cobra?

If you continue coverage under COBRA before you are eligible for Medicare , you must enroll in Medicare when you are first eligible. Your COBRA coverage ends when you are eligible for Medicare, even if you are still within your initial COBRA eligibility period. If you are already enrolled in Medicare when you become eligible for COBRA, ...

How long does Cobra coverage last?

COBRA coverage can be extended from 18 to 29 months if the qualifying event is the employee's termination, quitting, or reduction in hours, and the beneficiary either has a disability at the time of the qualifying event or becomes disabled during the first 60 days of COBRA coverage.

How long does Cobra last?

If the qualifying event is the employee's quitting, termination, or reduction in hours, COBRA benefits last for 18 months. If the qualifying event is the employee's death, the employee's divorce or legal separation, or the dependent's loss of dependent status under the plan, COBRA benefits last for 36 months.

How long can you keep your health insurance after a qualifying event?

Employees, and their spouses and dependents, can continue their group health insurance coverage for 18 to 36 months after a qualifying event. Please answer a few questions to help us match you with attorneys in your area.

Does Cobra pay for insurance?

An employee (or spouse or dependent) who continues benefits through COBRA must pay the full cost of coverage. However, because employers typically negotiate lower group insurance rates, this amount is almost always less than it would cost to purchase an individual insurance policy.

Can you continue your health insurance after you get laid off?

Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees -- and their spouses and dependents -- can continue their group health insurance coverage after an occurrence that would otherwise terminate coverage, such as the employee getting laid off or the employee's spouse getting divorced.

Can an employee's spouse continue to be covered by Medicare?

In addition, spouses and dependents can continue coverage after the employee dies, the employee and spouse divorce or legally separate, the employee becomes eligible for Medicare, or the dependent loses dependent status under the plan. ...

How long is Cobra coverage?

In certain circumstances, if a disabled individual and non-disabled family members are qualified beneficiaries, they are eligible for up to an 11-month extension of COBRA continuation coverage, for a total of 29 months. The criteria for this 11-month disability extension is a complex area of COBRA law. We provide general information below, but if you have any questions regarding your disability and public sector COBRA, we encourage you to email us at [email protected].

How long do you have to notify Cobra?

Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect COBRA coverage.

What is a Cobra notice?

A notice of COBRA rights generally includes the following information: A written explanation of the procedures for electing COBRA, The date by which the election must be made, How to notify the plan administrator of the election, The date COBRA coverage will begin, The maximum period of continuation coverage, The monthly premium amount,

How long does it take to get a Cobra notice?

Separate requirements apply to the employer and the group health plan administrator. An employer that is subject to COBRA requirements is required to notify its group health plan administrator within 30 days after an employee’s employment is terminated, or employment hours are reduced. Within 14 days of that notification, the plan administrator is required to notify the individual of his or her COBRA rights. If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.

What is the COBRA requirement?

Title XXII of the Public Health Service (PHS) Act, 42 U.S.C. §§ 300bb-1 through 300bb-8, applies COBRA requirements to group health plans that are sponsored by state or local government employers. It is sometimes referred to as “public sector” COBRA to distinguish it from the ERISA and Internal Revenue Code requirements ...

What is a Cobra election notice?

The COBRA election notice should contain the address to which premium payments should be sent and should be provided by the employer or group health plan administrator along with the amount of the premium due and its due date.

How long does an employer have to issue a Cobra election notice?

If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.

How long does Cobra last?

COBRA coverage generally is offered for 18 months (36 months in some cases). Ask the employer's benefits administrator or group health plan about your COBRA rights if you find out your coverage has ended and you don't get a notice, or if you get divorced.

How many employees can you have with Cobra?

In general, COBRA only applies to employers with 20 or more employees. However, some states require insurers covering employers with fewer than 20 employees to let you keep your coverage for a limited time.

How long do you have to sign up for Part B?

If you’re eligible for Medicare, you don’t qualify for COBRA coverage without having to pay a premium. You have 8 months to sign up for Part B without a penalty, whether or not you choose COBRA.

What is the number to call for Medicare?

If your group health plan coverage was from a state or local government employer, call the Centers for Medicare & Medicaid Services (CMS) at 1-877-267-2323 extension 61565. If your coverage was with the federal government, visit the Office of Personnel Management.

Do you have to tell Cobra if you are divorced?

You or the covered employee needs to tell the plan administrator if you qualify for COBRA because you got divorced or legally separated (court-issued separation decree) from the covered employee, or you were a dependent child or dependent adult child who's no longer a dependent.

Do you have to tell your employer if you qualify for Cobra?

Once the plan administrator is notified, the plan must let you know you have the right to choose COBRA coverage.

How long can a spouse continue Cobra?

A covered employee's spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

What is the law for cobra?

The law generally applies to all group health plans maintained by private-sector employers with 20 or more employees, or by state or local governments. The law does not apply to plans sponsored by the Federal Government or by churches and certain church-related organizations. In addition, many states have laws similar to COBRA, including those that apply to health insurers of employers with less than 20 employees (sometimes called mini-COBRA). Check with your state insurance commissioner's office to see if such coverage is available to you.

What is FMLA coverage?

The Family and Medical Leave Act (FMLA) requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and taking FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee taking FMLA leave decides not to return to work and notifies an employer of his or her intent not to return to work. Further information on the FMLA is available on the Website of the U. S. Department of Labor's Wage and Hour Division at dol.gov/whd or by calling toll-free 1-866-487-9243.

What is continuation coverage?

If you elect continuation coverage, the coverage you are given must be identical to the coverage currently available under the plan to similarly situated active employees and their families (generally, this is the same coverage that you had immediately before the qualifying event). You will also be entitled, while receiving continuation coverage, to the same benefits, choices, and services that a similarly situated participant or beneficiary is currently receiving under the plan, such as the right during open enrollment season to choose among available coverage options. You will also be subject to the same rules and limits that would apply to a similarly situated participant or beneficiary, such as co-payment requirements, deductibles, and coverage limits. The plan's rules for filing benefit claims and appealing any claims denials also apply.

How long do you have to elect Cobra?

If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.

Can you use the Health Coverage Tax Credit for Cobra?

The Health Coverage Tax Credit (HCTC), while available, may be used to pay for specified types of health insurance coverage ( including COBRA continuation coverage).

Can you extend your 18 month coverage?

If you are entitled to an 18 month maximum period of continuation coverage, you may become eligible for an extension of the maximum time period in two circumstances. The first is when a qualified beneficiary is disabled; the second is when a second qualifying event occurs.

How long does it take to get Medicare if you don't have Cobra?

If you’re not going to be eligible for Medicare yourself within 18 months (or up to 36 months, depending on the circumstances), you’ll have to come up with another plan for coverage when your COBRA continuation coverage runs out.

How long can you keep cobra?

In most cases, COBRA allows you to continue coverage for 18 months. But if your spouse became eligible for Medicare and then left his or her employment (and thus lost access to employer-sponsored coverage) within 18 months of becoming eligible for Medicare, you can continue your spousal coverage with COBRA for up to 36 months from ...

How long do you have to pick a new insurance plan after losing your spouse's insurance?

Losing the coverage you had under your spouse's plan will make you eligible for a time-limited special enrollment period in the individual insurance market, on- or off-exchange (note that in this case, you have 60 days before the loss of coverage, and 60 days after the loss of coverage, during which you can pick a new plan).

Is Medicaid a separate program from Medicare?

It’s easy to confuse Medicaid and Medicare, but they're separate programs with different benefits and different eligibility criteria. In many states, low-income people making up to 138% of federal poverty level are eligible for Medicaid.

How long can you continue Cobra insurance in Arkansas?

5. Arkansas - Enrollees may continue their coverage for up to 120 days. 6. California - The state continuation rule in California is called Cal-COBRA.

How long does Cobra last?

In most states, mini-COBRA is only available if the person (who would otherwise be losing coverage) was covered under the employer's health plan for at least three consecutive months prior to the date the coverage would have terminated without state continuation.

How long can Cobra be extended?

COBRA is uniform nationwide—allowing coverage to be extended for up to 18-36 months, depending on the reason it would otherwise have been lost. But as with any regulations that are state-based, the rules for state continuation vary quite a bit from one state to another.

What is state continuation coverage?

State continuation coverage refers to state laws that allow people to extend their employer-sponsored health insurance even if they're not eligible for extension via COBRA. As a federal law, COBRA applies nationwide, but only to employers with 20 or more employees. If you work for a smaller company and then lose your eligibility for coverage, ...

How long can you keep your Arizona health insurance?

Enrollees may continue their coverage for up to 18 months ( plus an additional 11 months if the enrollee is disabled).

How long does it take to pay state continuation insurance?

This also varies by state, although it's generally in the range of 30-60 days. If state continuation is chosen, the employee (or spouse and/or dependents) is responsible for paying the necessary premiums (and administrative fee, if applicable) to the employer, or, in some cases, to the insurance company.

How long can you keep your disability insurance in Delaware?

Delaware - Coverage can be continued for up to nine months. 10. District of Columbia - Coverage can be continued for up to three months. 11. Florida - Enrollees may continue their coverage for up to 18 months (plus up to 11 additional months if the person is disabled).

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